GOLD KIST v. TEXAS UTILITIES ELEC.

No. D-1677.

830 S.W.2d 91 (1992)

GOLD KIST, INC. et al., Petitioners, v. TEXAS UTILITIES ELECTRIC CO. f/k/a Texas Power and Light Company, Respondent.

Supreme Court of Texas.

Rehearing Overruled June 24, 1992.


Attorney(s) appearing for the Case

Scott Patrick Stolley, Dallas, Robert Waltman, Bryan, John C. Hart, Dallas, R. Lawrence Purdy, Minneapolis, Minn., Gavrielle H. Kickham, Dallas, Roger L. Glandon, Abilene, for petitioners.

Joann N. Wilkins, David M. Weaver, Dallas, for respondent.


PER CURIAM.

This case requires us to decide whether under the pre-1987 comparative negligence statute a non-settling defendant has the exclusive authority to elect either a dollarfor-dollar or proportional credit based on the settlement of a co-defendant. Here, the plaintiff requested and the trial court submitted jury questions which effectively denied the non-settling defendant the opportunity to make an election. The trial court granted a proportional reduction...

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